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Hays Wind LLC joins lawsuit -9/25/2008, 10:47 AM

County files response to wind lawsuit -9/12/2008, 10:06 AM

Wind opponents file lawsuit -8/26/2008, 9:31 AM

Wind could blow into court -7/28/2008, 8:51 AM

Commissioners approve development plan -7/28/2008, 8:51 AM

Vote: Let 'er blow -7/28/2008, 4:03 PM

Commission says 'yes' -6/25/2008, 7:26 AM

Commissioners waive moratorium -6/2/2008, 11:43 AM

Wind farm company requests waiver -4/16/2008, 12:01 PM

Meridian Way Wind Farm to border U.S. Highway 81 -4/11/2008, 5:21 AM

Wind developer eyes two new locations -2/18/2008, 3:22 AM

Protest draws out wind talk -12/29/2007, 2:06 AM

Denial of permit sparks wind debate -11/23/2007, 2:06 AM

Supporters: No coal, lines means doom -11/12/2007, 2:06 AM

Iberdrola plans more towers -11/7/2007, 11:41 PM

Missouri wind farm is windfall for rural community -10/30/2007, 11:27 PM

Kansas has wind potential, if it is willing to act on it -10/23/2007, 11:26 PM

Wind talk becomes heated -10/2/2007, 11:26 PM

Wind farm company considers paying neighbors -9/13/2007, 11:26 PM

Reaction mixed on wind decision -9/6/2007, 11:26 PM

Hammond: Wind will blow -9/5/2007, 11:16 PM

Gone with the wind -9/4/2007, 11:16 PM

Wind farm decision towering -8/31/2007, 10:41 AM

Wind farm decision Sept. 4 -8/28/2007, 2:48 PM

CPV rep won't be at meeting -8/23/2007, 11:51 AM

Wind decision later this month ... maybe -8/15/2007, 4:18 PM

Springview wind turbines to be retired -7/17/2007, 10:35 AM

Commissioners: Wind farm's fate will wait -7/16/2007, 3:01 PM

Legislature studies effects of wind farms on health -7/15/2007, 4:05 PM

Protest petitions to be discussed -7/15/2007, 4:06 PM

Landowners may get offer from wind company -7/13/2007, 3:01 PM

Vandals deface wind signs -7/2/2007, 3:01 PM

Another wind farm petition reaches county clerk's desk -6/28/2007, 3:06 PM

Protest petition being verified -6/25/2007, 3:06 PM

Advocate of wind says make effort -6/21/2007, 3:06 PM

Supporters file own petition for wind farm -6/20/2007, 3:01 PM

Opponents file protest petition -6/20/2007, 3:01 PM

Opponents gain legal assistance -6/18/2007, 3:06 PM

Officials expect petition -6/18/2007, 3:06 PM

Commission addresses wind protest petition -6/11/2007, 3:06 PM

Wind farm gets nod -6/6/2007, 3:06 PM

Wind farm concerns brought before commission -6/5/2007, 3:06 PM

Wind farm decision looming -6/4/2007, 3:01 PM

-6/3/2007, 3:06 PM

Wind talk brings many voices -5/23/2007, 3:06 PM

Wind power bills just hot air, environmentalists say -5/23/2007, 3:01 PM

Attorney discusses wind farm with commissioners -5/21/2007, 3:01 PM

Wind meeting resumes Wednesday at Ellis County Fairgrounds -5/21/2007, 3:01 PM

Wind farm, zoning cause concerns -5/18/2007, 3:06 PM

Wind farm zoning timeline -5/17/2007, 3:01 PM

Concerns fly about birds -5/15/2007, 3:06 PM

Where the wind blows -5/10/2007, 3:06 PM

CPV says turbines will be pulled back -5/8/2007, 3:01 PM

How other counties in Kansas are benefiting from wind farms -5/8/2007, 3:01 PM

Wind farm gets economical endorsement -5/8/2007, 3:01 PM

Neighbors voice opposition to wind farm -5/3/2007, 3:06 PM

Wind farms can generate more power, but may be deadly to bats and birds -5/3/2007, 4:03 PM

Opponents air wind concerns -5/2/2007, 3:06 PM

Location selection due to wind surveys -4/30/2007, 3:06 PM

Tests to determine wind farm's effect on power grid -4/28/2007, 4:13 PM

Wind farm talk gaining more speed -4/24/2007, 4:12 PM

New counsel for wind farm issues -4/17/2007, 4:14 PM

CPV Wind sold to new company -4/11/2007, 4:14 PM

Jeter resigns from wind farm counsel -4/9/2007, 4:21 PM

Commissioners hear wind farm feedback -4/2/2007, 4:16 PM

Weather forces wind meeting's end -3/28/2007, 4:22 PM

Wind farm debate blows into Hays -3/28/2007, 4:10 PM

Commission to discuss wind farm -3/26/2007, 4:22 PM

Developers ready to file for permit -2/28/2007, 4:23 PM

Wind farm application filed -1/6/2007, 4:20 PM

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Hays Wind LLC joins lawsuit

Published on -9/25/2008, 10:47 AM

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By KALEY LYON

klyon@dailynews.net

As a civil lawsuit seeking to overturn the Ellis County Commission's decision to permit a wind farm southwest of Hays makes its way through the court system, Hays Wind LLC will act as a co-defendant.

The company, represented by Hays attorney Mel Sauer and Wichita attorney Jay Fowler, will join Ellis County in defending allegations brought forth by the 41 plaintiffs, represented by Wichita attorney Patrick Hughes.

"The motion to intervene was granted," said attorney Dennis Davidson, who represents the Ellis County Commission.

Hays Wind, owned by Iberdrola Renewable Energies, filed a motion to intervene earlier this month, a request granted by District Judge Tom Toepfer during a teleconference Wednesday afternoon.

Ellis County's legal counsel expressed no objection to the company's request to join the defense.

Last week, however, plaintiffs filed a memorandum in objection to the requested intervention.

The document questioned whether the company had filed the motion in a timely manner and had a vested right in development, as defined by statute.

The plaintiff's memorandum also maintained the county commission is the "proper and only defendant" required for adequate representation.

"Hays Wind LLC's participation, even if it were permissible, would not be productive," the document states. "Judging from its proposed answer, which merely repeats the county's position, it would contribute nothing but a redundant voice and duplicative pleadings."

Attempts to reach Hughes for comment were unsuccessful at time of publication.

Hays Wind filed a reply brief countering the arguments Tuesday.

The document argued the company is "uniquely suited" to respond to allegations regarding the conditional-use permit application submitted by Hays Wind.

"Any decision on the merits of the dispute now before the court will substantially impact the rights of Hays Wind," the reply brief states.

"Intervention should be allowed."

Sauer could not be reached for comment.

No additional proceedings have yet been scheduled regarding the lawsuit.

As of Sept. 17, however, three of the suit's original plaintiffs have been dismissed from the legal action.

Mary Meier, Linda Donlay and Wanda Pinkington have been removed from the case.

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